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Madras High CourtTR CMP/1359/2025ordered

J.Monica v. J. Ugin Jacob

2026-03-18Honourable Mrs.Justice R. Kalaimathi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI TR. CMP No. 1359 of 2025 and CMP No.31672 of 2025 J.Monica W/o.J. Ugin Jacob ..Petitioner(s) Vs J. Ugin Jacob S/o. Jayachandran ..Respondent(s) PRAYER: Petition filed under Section 24 of C.P.C. seeking to withdraw the IDOP.No.350 of 2025 pending on the file of the District Family Court at Erode and to transfer the same to the Family Court at Chennai. For Petitioner(s):

Mr.S.Surendran For Respondent(s):

No Appearance

ORDER

Heard the learned counsel for the petitioner. 2.Despite receipt of notice and the name of the respondent having been printed in the cause list, he neither appeared in person nor through his counsel.

3.The respondent in I.D.O.P.No.350 of 2025 on the file of the Family Court Erode, is the petitioner herein (J.Monica). She is the resident of East Tambaram, Chennai.

4.The petitioner / wife would aver that she is the resident of East Tambaram, Chennai, and her child is studying at Sembakkam, Chennai. She has to travel 409 km on the hearing dates to attend court proceedings at Erode (Family Court, Erode) and she finds it very difficult. She would also further aver that her husband is also working in Chennai viz. Recode Solutions, Tech Park, CHENNAI ONE IT SEZ, 2nd Floor, Magnum Tower, North Block, Thoraipakkam, Tamil Nadu 600 097 and seeks to transfer the said I.D.O.P.No.350 of 2025 to the Family Court, Chennai.

5. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases are well settled by the Hon'ble Supreme Court in the following cases:- "i. In AIR 2000 SC 3512 (1) (Mona Aresh Goel V. Aresh Satya Goel), when the wife pleaded that she was unable to bear the travelling expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings.

ii. In 2000 (10) SCC 304 (Geeta Heera V. Harish Chander Heera), the Hon'ble Supreme Court has held that where the petitioner's wife has pleaded lack of money, the same has to be considered. iii. In Lalita A. Ranga V. Ajay Champalal Ranja reported in (2009) 9 SCC 355 , wherein the wife, who was having small child and she was finding it difficult to travel from Jaipur to Bombay, and the Hon'ble Apex

Court accepting her request ordered the transfer petition in favour of the wife transferring the transfer petition from Family Court at Bandra in Mumbai to the Family Court at Jaipur."

6. On a perusal of petition filed in I.D.O.P.No.350 of 2025, it appears that the respondent / husband is working in Chennai viz. Recode Solutions, Tech Park, CHENNAI ONE IT SEZ, 2nd Floor, Magnum Tower, North Block, Thoraipakkam, and the petitioner / wife is the resident of East Tambaram, Chennai.

7. In consideration of the above said details, the request of the petitioner / wife herein appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is ordered. Sequel to this, I.D.O.P.No.350 of 2025 pending on the file of the District Family Court, Erode is withdrawn and transferred to the file of learned III Additional Principal Judge, Family Court at Chennai. The III Additional Principal Judge, Family Court, Chennai, on receipt of the records, is hereby directed to try and dispose of the matter in accordance with law at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petition is closed. 18-03-2026 (2/2) kas Speaking / Non Speaking

R.KALAIMATHI, J.

kas To.

1.District Family Court Erode 2.The III Additional Principal Judge Family Court Chennai TR. CMP No. 1359 of 2025 and CMP No.31672 of 2025 18.03.2026